Terms of Use

1. Introduction

Welcome to Best Fairy Flutter; we are pleased to invite you to become part of the Best Fairy Flutter community.

Here at Best Fairy Flutter, our vision is to provide a safe, efficient and reliable service and social media platform underpinned by shared values of trust, respect, honesty and good faith (what we like to call, the Best Fairy Flutter Philosophy). As with any marketplace, our ability to achieve this, ultimately depends on you, the participant. We therefore ask that all members of the Best Fairy Flutter community operate in an ethical, honest and mutually respectful manner so that everyone can get the most out of the Best Fairy Flutter experience, consistent with the Best Fairy Flutter Philosophy.

Before using Best Fairy Flutter and our services (and regularly as part of your continued use), you must read and accept all of the current terms in, and linked to, the Best Fairy Flutter Terms (defined below). Accordingly, as you review the Best Fairy Flutter Terms, we recommend that you also access and review the hyperlinked information. In particular, please review our Privacy Policy which can be accessed here.

If you have any questions, please send us an email at support@bestfairyfriend.com.

Scope

The following terms and conditions (Best Fairy Flutter Terms) regulate and govern the contractual relationship between you, a user of our websites www.bestfairyflutter.com and www.bestfairyfriend.com (the Website), our services and any applications however accessed (including, but not limited to, mobile applications and other tools that we make available through the Website) (collectively, Best Fairy Flutter Services), and Year of the Monkey Pty Ltd ABN 12 611 021 624 (“Best Fairy Flutter”, “we”, “us”, “our”).

By accessing, downloading or using, and continuing to access or use, the Website or Best Fairy Flutter Services, you accept and agree to be bound by the Best Fairy Flutter Terms as may be updated without notice to you from time to time. If you do not accept the Best Fairy Flutter Terms, please do not use the Website or the Best Fairy Flutter Services, which includes creation of a Best Fairy Flutter Account (as defined under clause 4.3).

3. Application of Best Fairy Flutter Terms

3.1 Best Fairy Flutter Users

These Best Fairy Flutter Terms and our Privacy Policy apply to you:(a) so far as the context allows, as a visitor to, or user of, the Website;

(b) as a user or prospective user of any Best Fairy Flutter Services (whether or not you ultimately use any Best Fairy Flutter Services provided by us); and/or

(c) as a registered user of the Website or Best Fairy Flutter Services, (in any such capacity, a Best Fairy Flutter User).

3.2 Best Fairy Flutter Agreement

If you are a Best Fairy Flutter User, you agree to be bound by:(a) these Best Fairy Flutter Terms;

(b) any terms and conditions which concern the provision of the Best Fairy Flutter Services or supply of particular services from Best Fairy Flutter which (if applicable) will be provided to you at such time Best Fairy Flutter supplies the services to you (Additional Terms & Conditions); and

(c) our Privacy Policy.

4. Website Use and Best Fairy Flutter Services

4.1 Use of the Website and Best Fairy Flutter Services

(a) You may only use the Website and Best Fairy Flutter Services if you are at least 18 years of age.

(b) The Website and Best Fairy Flutter Services may contain links to other websites (Linked Sites). The Linked Sites are not under the control of Best Fairy Flutter and Best Fairy Flutter is not responsible for the content of any Linked Site, including without limitation any link contained within a Linked Site, or any changes or updates to a Linked Site.

(c) As a condition of your use of the Website or Best Fairy Flutter Services, you warrant to Best Fairy Flutter that you will not use the Website or Best Fairy Flutter Services for any purpose that is unlawful or prohibited by the Best Fairy Flutter Terms.

(d) You may not use the Website or Best Fairy Flutter Services in any manner, which could damage, disable, overburden, or impair the Website or Best Fairy Flutter Services, or interfere with any other Best Fairy Flutter User or third party’s use and enjoyment of the Website, Best Fairy Flutter Services or any third party website.

(e) You may not obtain or attempt to obtain any materials or information through any means not intentionally made available for public access through, or provided for, the Website or Best Fairy Flutter Services.

(f) All information, advice or other data on the Website and Best Fairy Flutter Services is provided as general information only and should not, and must not, be relied upon.

(g) To the extent permitted by law, you acknowledge that Best Fairy Flutter provides the Website and Best Fairy Flutter Services, “AS IS” and that Best Fairy Flutter is not making and has not made any warranty or representation as to the services’ suitability for any particular purpose.

(h) If you are dissatisfied with any aspect or portion of the Website or Best Fairy Flutter Services, or with any of the Best Fairy Flutter Terms, your sole and exclusive remedy is to discontinue using the Website and Best Fairy Flutter Services.

(i) While Best Fairy Flutter takes all care in the preparation of information we accept no responsibility nor warrant the accuracy of the information displayed. Information contained in the Best Fairy Flutter Services has been provided for entertainment purposes only and Best Fairy Flutter accepts no responsibility for any assumptions based or derived from any information displayed or assumed. All information relating to race fields, including horse numbers, scratchings, odds and jockey and trainer details, and lotteries draws including the times, dates and values of lotteries draws, should be checked with an official source.

(k) Nothing in these Best Fairy Flutter terms excludes, restricts or modifies any condition, warranty, right or liability implied or protected by law to the extent that such exclusion, restriction or modification would render these Best Fairy Flutter Terms or any part thereof void, illegal or unenforceable.

4.2 Data Security

Best Fairy Flutter takes data security very seriously and strives to protect Best Fairy Flutter Users’ information. However, no data transmission over the Internet can be guaranteed as totally secure. Best Fairy Flutter does not warrant and cannot ensure the security of any information (including personal information) which you share via the Website or Best Fairy Flutter Services, or otherwise transmit, send, disseminate or disclose to us.

Any and all information which you share, submit, disseminate, disclose or transmit via the Website or Best Fairy Flutter Services is undertaken at your own risk, and with express acknowledgement and acceptance of any and all such risk.

(3) link their Best Fairy Flutter Account to their UBET account or Oz Lotteries account.

(b) When you set up your Best Fairy Flutter Account and create a username or password, you agree to take responsibility for the safekeeping of your username or password. You are liable for any actions or purchases resulting from any unauthorised use of your username or password (including any purchases made via the Website). You agree to release and indemnify Best Fairy Flutter (including its officers, directors, agents and employees) in relation to any loss or liability arising out of the unauthorised use of your username or password, or otherwise in connection with your Best Fairy Flutter Account.

(c) As required to use the Website and Best Fairy Flutter Services, you are only eligible to apply for a Best Fairy Flutter Account if you are over 18 years of age. By submitting your details and application for a Best Fairy Flutter Account, you warrant to Best Fairy Flutter that you are over 18 years of age at that date.

(d) To create your Best Fairy Flutter Account you must provide your email address and certain other details, and then create a username and password. On becoming a Best Fairy Flutter Account holder you will receive an email asking you to verify your email address. Your password, together with either your username or email address, will be used to access your Best Fairy Flutter Account. You may not have more than one Best Fairy Flutter Account or username at any given time. You agree not to use domain names or web URLs in your username without prior written consent from Best Fairy Flutter.

(e) We may require additional information from you to verify your identity in connection with the establishment of your Best Fairy Flutter Account, and we reserve the right to decline, suspend or terminate your Best Fairy Flutter Account at any time at our absolute discretion.

(f) You must immediately notify us if you suspect or become aware of any unauthorised use of your password or Best Fairy Flutter Account, or any other breach of the Website’s security. You must immediately change your password if you suspect a security breach. The Website will contain a facility to change your password or if this facility is not available, please contact us immediately by email at support@bestfairyfriend.com.

(g) You agree to comply with any Best Fairy Flutter User guidelines as may be issued by us from time to time in accordance with our Privacy Policy.

(h) Without limiting other remedies, Best Fairy Flutter reserves the right to immediately suspend or cancel your Best Fairy Flutter Account, and/or to terminate the supply of any Best Fairy Flutter Services to you, in the event that your Best Fairy Flutter Account is being used, or we suspect that it is being used contrary to these Best Fairy Flutter Terms or otherwise in contravention of any laws or the Best Fairy Flutter Philosophy.

4.4 Competitions

Competitions may be held from time to time (as set by Best Fairy Flutter) and are made available to users of the Website who meet certain eligibility criteria and on the terms and conditions specified for each competition.

5. Best Fairy Friend User Conduct

While using the Website or Best Fairy Flutter Services (including, but not limited to, use in connection with any item listed for sale on the Website or otherwise in connection with your Best Fairy Flutter Account), you acknowledge and agree that you:

(b) will not use the Best Fairy Flutter Services to harass, threaten, defame, stalk, bully, abuse, impersonate or intimidate any person, and you must not share private or confidential information via Best Fairy Flutter Services or Website, including any person’s personal or sensitive information;

(c) will not use the Best Fairy Flutter Services for any illegal or unauthorised purpose and you agree to comply with all applicable laws, rules and regulations, including intellectual property legislation;

(d) will not take any action that may undermine any of Best Fairy Flutter’s feedback systems;

(e) will not distribute or post ‘spam’, unsolicited or bulk electronic communications or chain emails or pyramid schemes;

(f) will not use the Best Fairy Flutter Services if you are not able to form legally binding contracts, are under the age of 18 years, or are suspended from using the Best Fairy Flutter Services;

(g) will not compile or otherwise collect information about other Best Fairy Flutter Users, including but not limited to usernames, email addresses, IP addresses, sales or purchase history without their express consent;

(h) will not copy, modify or distribute rights or Content from the Best Fairy Flutter Services or Best Fairy Flutter’s Intellectual Property Rights;

(i) are responsible for any and all activity that occurs through your Best Fairy Flutter Account, and you agree you will not sell, transfer, licence or assign your Best Fairy Flutter Account (including your username and any Best Fairy Flutter Account rights);

(j) with the exception of persons who are expressly authorised to create accounts on behalf of their employers or clients, Best Fairy Flutter prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or have provided to Best Fairy Flutter upon establishment of your Best Fairy Flutter Account and at all other times is true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

6. License

For the purposes of these Best Fairy Flutter Terms, the terms Copyright and Moral Rights have the same meaning as provided in the Copyright Act 1968 (Cth).

(a) Best Fairy Flutter does not claim ownership of any Content that you share through the Best Fairy Flutter Services or otherwise via the Website. Instead, when you share Content on the Website or via the Best Fairy Flutter Services (including, but not limited to, in connection with your Best Fairy Flutter Account), you grant to Best Fairy Flutter a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), fully paid up and royalty-free licence to use that Content in any manner whatsoever (at our sole discretion), subject only to Best Fairy Friend’s Privacy Policy.

(b) In connection with the licence granted by you to Best Fairy Flutter under this clause 6.1 and to the extent permitted by applicable laws, you hereby irrevocably consent to the following acts by Best Fairy Flutter, even if such acts would otherwise be an infringement of your Moral Rights:

(c) You acknowledge and agree that you will only share Content via the Best Fairy Flutter Service in which you own the Copyright and hold the attributable Moral Rights. However, in the event that you have shared Content via the Best Fairy Flutter Service in which the Copyright or Moral Rights is owned by, or attributable to, a third party, you hereby agree and confirm that you have procured from each third party, licences to Best Fairy Flutter on the same terms as you would otherwise grant under clause 6.1(a) and a Moral Rights consent on the same terms as set out at clause 6.1(b).

7. Terms & Conditions

7.1 Terms & Conditions

Any decision made by Best Fairy Flutter in connection with the Best Fairy Flutter Services (including the selection of any individuals or cities to participate in the Best Fairy Flutter project, including the number of participants that are selected) is at our sole and absolute discretion.

7.2 Service Agreement

(a) The entire service agreement between you and Best Fairy Flutter in connection with your use of the Website and the Best Fairy Flutter Services, is:

(1) these Best Fairy Flutter Terms;

(2) any Additional Terms & Conditions; and

(3) our Privacy Policy, (collectively, the Service Agreement).

(b) The Service Agreement exists between you and Best Fairy Flutter, the earliest of, (i) when you download and subscribe to Best Fairy Flutter Services, (ii) you become a Best Fairy Flutter User, or (iii) you successfully establish a Best Fairy Flutter Account.

7.3 Risks and Limitation of Liability

(a) You alone (and not Best Fairy Flutter) are responsible for ensuring that any content, documents or other information that you create or use in connection with Best Fairy Flutter, and any other activities conducted on our Website or via the Best Fairy Flutter Services are honest, truthful and lawful. You must ensure that you strictly comply with all applicable laws and the Best Fairy Flutter Terms.

(b) Gambling involves risk. We are not responsible for any gambling losses. Any monetary investment based on information displayed as part of the Best Fairy Flutter Services or otherwise transacted in connection with the Best Fairy Flutter Services, is at the risk of the user. Wagering, lotteries or gambling suggestions generated through the Best Fairy Flutter Services do not increase the probability of success. All wagering transactions are undertaken between the user and UBET and all lotteries transactions are undertaken between the user and Jumbo Interactive (trading as Oz Lotteries). Best Fairy Flutter is not a party to any wagering or lotteries transaction. As noted in the Best Fairy Flutter FAQs, your bet won’t be placed unless you have a UBET account, you have successfully pressed the ‘Place a bet with UBET’ button and you have then completed the information on that screen to complete the betting transaction. Your lotteries ticket will not be purchased unless you have a linked Oz Lotteries account, you have successfully pressed the ‘Play Now’ button and you have completed the purchase of the ticket on the Oz Lotteries website (which will be completed once you receive an email from Oz Lotteries confirming your ticket purchase). If you do not receive an email from Oz Lotteries confirming your lotteries ticket purchase, your ticket purchase will not have been made (Oz Lotteries can be called on telephone 1300 188 911 if you have any queries). Please allow as much time as possible before a horse race or lotteries draw to purchase a ticket to avoid disappointment (particularly during periods of peak demand). Please familiarise yourself with the Best Fairy Flutter FAQs which can be found in the User Settings section of the app. Remember – waving the wand to generate a betting or lotteries suggestion does not result in a bet being placed or a lotteries ticket being purchased.

(c) To the maximum extent permitted by law, we exclude all warranties, terms and conditions (implied or otherwise). Best Fairy Flutter does not warrant that the material or functions contained in the Best Fairy Flutter Services or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components. Best Fairy Flutter does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Best Fairy Flutter Services including wagering, lotteries or gambling suggestions. You acknowledge and agree that Best Fairy Flutter does not control users of the Website and other aspects of the Best Fairy Flutter Services and is not liable for their behaviour including any information, defamatory statements or offensive conduct.

(d) You hereby acknowledge and agree that Best Fairy Flutter is not liable for any loss of money, profit, opportunity, goodwill, data or reputation, or any special, indirect, punitive, incidental or consequential damages or loss arising, directly or indirectly, out of or in any way connected with the use or performance of the Website, the UBET website, the Oz Lotteries website, your Best Fairy Flutter Account or the Best Fairy Flutter Services, with any delay or inability to use the Website, any virus or harmful component, your Best Fairy Flutter Account or the Best Fairy Flutter Services (or any related products or services), the provision of or failure to provide services, or for any information, products, service and related graphics obtained through the Website or Best Fairy Flutter Services, or otherwise arising out of the use of the Website or Best Fairy Flutter Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Best Fairy Flutter has been advised of the possibility of damages.

(e) All limitations of liability under these Best Fairy Flutter Terms shall apply for the benefit of the officers, directors, employees and agents of Best Fairy Flutter to the same extent as they apply for the benefit of Best Fairy Flutter against you or anyone claiming through or under you.

8. Indemnity and Release

8.1 Indemnity

You agree to indemnify Best Fairy Flutter, keep it indemnified and hold it harmless, against any and all:

(a) claims against Best Fairy Flutter (including, but not limited to, third party claims for intellectual property infringement); or

(b) loss (including all direct, indirect, special or consequential loss) suffered by Best Fairy Flutter, arising from or in connection with:

the negligent acts or omissions of you or your employees, agents or contractors; or

any breach of these Best Fairy Flutter Terms and any Additional Terms & Conditions; or

any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the Website or Best Fairy Flutter Services, or the infringement by you, or by any other person using your computer or device, of any intellectual property right of any person.

8.2 Release

You hereby release Best Fairy Flutter (including its officers, directors, employees and agents) from all claims, demands and damages (whether actual, direct, indirect or consequential, or otherwise) of every kind and nature, known and unknown, arising out of or in connection with the Best Fairy Flutter Services.

8.3 Breach

Without limitation to any other remedies available to Best Fairy Flutter (whether at law, in equity or under the Best Fairy Flutter Terms), we may, without notice to you and at our sole discretion, restrict your use of the Website or the Best Fairy Flutter Service, suspend or terminate your Best Fairy Flutter Account, and/or refuse you access to the Website or the Best Fairy Flutter Services if:

(a) you have, or we believe you have, breached the Best Fairy Flutter Terms, including any Additional Terms & Conditions;

(b) we are unable to verify or authenticate any information you provide to us (to our standards and at our sole discretion);

(c) we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, other Best Fairy Flutter Users, third parties or Best Fairy Flutter (including its officers, directors, employees or agents); or

(d) we reasonably believe that any of your information or Content (which includes items listed on the Website, your Best Fairy Flutter Account or via the Best Fairy Flutter Services) is inappropriate, misleading or of an offensive nature.

9. Intellectual Property Rights

You acknowledge and agree that:

(a) Best Fairy Flutter owns or are licensed to use all Intellectual Property Rights in the Website and Best Fairy Flutter Services (including, but not limited to, all images, photographs, text or other Content which appears on the Website or Best Fairy Flutter Services). You agree that you will not make any representations to the contrary, and that you will not use or copy the Website or Best Fairy Flutter Services in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. For the purposes of these Best Fairy Flutter Terms, the term Intellectual Property Rights shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

(b) Any trade marks (including but not limited to words, stylized words, logos or series marks) which appear on the Website or Best Fairy Flutter Services are owned by or licensed to Best Fairy Flutter or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

10. Privacy

10.1 Personal Information and Consent

(a) By providing your details via the Website, establishing a Best Fairy Flutter Account, or by using, downloading, accessing or subscribing to Best Fairy Flutter Services, you will have provided personal information to Best Fairy Flutter (including your designated email address) and will have provided consent to receive information about the Website and any Best Fairy Flutter Services by email and any other methods of communication as determined by Best Fairy Flutter. If at any time you wish to stop receiving email and other methods of communication from Best Fairy Flutter, please email us at support@bestfairyfriend.com and request that you do not wish to receive any further email communications from Best Fairy Flutter.

(b) If you provide a testimonial in relation to any Best Fairy Flutter Services or the Website you consent to Best Fairy Flutter using and publishing that testimonial for marketing purposes.

(c) We will comply with the terms of our Privacy Policy, which can be found hereand you consent to the terms of that Privacy Policy.

10.2 Privacy practices of Linked Sites

Best Fairy Flutter is not responsible for the privacy practices of websites or social media applications linked to it via hyperlinks, banner advertising or by other means. Please take care at all times to check the privacy policy of the website or application you are visiting.

11. General

11.1 Governing Law and Jurisdiction

These Best Fairy Flutter Terms (and, for the avoidance of doubt, all activities conducted by us or you on, or in connection with, our Website, your Best Fairy Flutter Account or the Best Fairy Flutter Services) are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

11.2 Severability

If anything in these Best Fairy Flutter Terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions of these Best Fairy Flutter Terms shall remain in full force and effect.

11.3 Assignment by Best Fairy Flutter

In our sole discretion, we may transfer (by way of assignment or otherwise) any of our rights or obligations under these Best Fairy Flutter Terms to a third party without notice to you.

11.5 Force Majeure

If Best Fairy Flutter is prevented from, or delayed in, performance of an obligation through or in connection with an Exceptional Circumstance (defined below) then those obligations of Best Fairy Flutter are suspended for the duration of the Exceptional Circumstance. You must use all reasonable endeavours to mitigate any loss arising from, and the effects of, the Exceptional Circumstance.

In these Best Fairy Flutter Terms the term “Exceptional Circumstance” means a circumstance beyond the reasonable control of Best Fairy Flutter which results in it being unable to observe or perform an obligation under the Best Fairy Flutter Terms and the Additional Terms & Conditions. Such circumstances include, but are not limited to, the following:

(c) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party or otherwise;

(d) strikes or industrial disputes;

(e) materials or labour shortage; and/or

(f) acts, failures or omissions of any third party network providers (such as, but not limited to, internet, telephony or power providers).

11.6 No Agency

Best Fairy Flutter does not act as your agent for any purpose in relation to the Best Fairy Flutter Terms or in relation to your use of the Website or the Best Fairy Flutter Services.

12. Consent

12.1 Your consent

By using the Website, the Best Fairy Flutter Services, or establishing a Best Fairy Flutter Account, you are fully acknowledging and agreeing to these Best Fairy Flutter Terms.

12.2 Change in Best Fairy Flutter Terms

We reserve the right to modify the Best Fairy Flutter Terms (including any Additional Terms & Conditions) from time to time as our business needs require. We will post any such changes on the Website, after which, your continued use of the Website or Best Fairy Flutter Services shall be deemed to be your agreement to, and acknowledgement, of the modified terms. It is your responsibility to review the Best Fairy Flutter Terms regularly and you hereby agree to do so.

13. Responsible Gambling

Best Fairy Flutter supports the efforts of wagering operators to provide their services in a responsible manner and to support responsible wagering practices by customers.